Being a victim in a car accident does not just affect the victim. When someone is seriously injured or even fatally so, it affects loved ones closest to him or her. In many cases, life not only changes financially but physically and emotionally as well. Spouses and children who once had a husband, wife, father or mother who provided love, companionship, comfort and physical needs, often suffer lasting effects from no longer having these needs met. And under Wisconsin law, loved ones who suffered these types of losses can file for what is called, “Loss of Consortium.”
What is Loss of Consortium?
As mentioned above, loss of consortium, also referred to as a loss of society and companionship, was created for secondary victims, namely spouses and dependents in order to receive compensation for loss of lifestyle.
A claim for loss of consortium arises when two people can no longer enjoy or maintain their relationship because of an injury to one of the parties.
What Things Can Be Claimed Under Loss of Consortium?
Some of the losses that can be considered when filing a claim under loss of consortium are:
- Loss of intimacy,
- Loss of love,
- Loss of companionship,
- Inability to care for your children, and
- Loss of social status and reputation.
What Should Be Considered Before Making a Loss of Consortium Claim?
When filing a loss of consortium claim, you must also be able to prove your loved one’s injury has damaged your personal or intimate relationship. To do so, you will likely have to discuss in front of the court the private and intimate parts of your relationship and have others testify to the truthfulness of your statements. If there were marital issues prior to the accident, a defense attorney may bring those up to fight your claims. You need to consider if you are comfortable divulging those aspects of your life publicly.
Contact Our Appleton Personal Injury Lawyers
We at Herrling Clark Law Firm, Ltd. know that no amount of money can compensate you for the loss you have suffered, but we want to do what we can to help ease a little bit of your burden. If you need help filing a loss of consortium claim, contact our compassionate Green Bay wrongful death attorneys at 920-739-7366 for a free consultation.
Source:
https://docs.legis.wisconsin.gov/statutes/statutes/893/VIII/80/9/b/_3